Bombay High Court
Vishwanath Khanduji Kale vs Balu Sahdev Sontakke And Another on 14 October, 2022
Bench: S. G. Dige
(1) 1039-fa-1773-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1773 OF 2014
VISHWANATH KHANDUJI KALE
VERSUS
BALU SAHDEV SONTAKKE AND ANOTHER
...
Mr. Sachin S. Deshmukh, Advocate for the Appellant.
Mr. S. S. Rathi, Advocate for Respondent No.2.
...
CORAM : S. G. DIGE, J.
DATED : 14th OCTOBER, 2022.
PER COURT:-
1. By way of this Appeal appellant/orig.
claimant (for short 'claimant') seeks enhancement
of compensation.
2. It is the contention of the learned
counsel for the appellant that, on 16.04.2010 while
proceeding towards Aundha in an Auto Rikshaw it was
turtle down. On account of the said, the claimant
sustained multiple injuries and sustained
disability to the extent of 30% on account of
interlocutrice fracture to left femur, lacerated
wound to left maxillary region, which is further
endorsed by the Doctor in his evidence, but
Tribunal has not considered this fact and Awarded
compensation of Rs.1,08,853/- where the claimant's
claim was Rs.3,00,000/-. The learned counsel
further submits that, claimant incurred an amount
of Rs.75,153/- towards hospital medical bills, but
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(2) 1039-fa-1773-2014
it was not considered by the Tribunal. Hence,
requested to allow the Appeal.
3. It is the contention of the learned
counsel for respondent no.2 that, the injuries
sustained by the claimant were recoverable. When
the claimant was discharged from the hospital all
injuries were recovered. There is no loss of
earning caused to the claimant due to the said
accident. The Tribunal has considered all the
aspects and has granted compensation which is just
and proper.
4. I have heard both the learned counsels and
perused the judgment and order passed by the
Tribunal.
5. The claimant is seeking enhancement on the
ground that the Tribunal has not properly awarded
the compensation. The Tribunal has awarded
Rs.1,08,853/- as compensation to the claimant. It
has come on record that the claimant has suffered
30% permanent disability. The Tribunal has awarded
lump-sum compensation on account of permanent
disability of Rs.25,000/-. In my view, when
Tribunal has considered permanent disability caused
to the claimant and it has come on record that he
had suffered 30% disability, I am considering
Rs.75,000/- as compensation towards disability.
The compensation awarded under other heads is
proper, hence, no interference is required in it.
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(3) 1039-fa-1773-2014
6. In view of the above, I pass the following
order:
ORDER
a. The appeal is allowed.
b. The appellant is entitled for enhanced amount
of Rs.50,000/- at the rate of 6% per annum from the
date of filing appeal till its realization.
c. The respondents shall deposit enhanced amount
alongwith accrued interest thereon within six weeks
before this Court.
d. The appellant is permitted to withdraw the
deposited amount.
e. Deficit Court fees, if any, be paid.
f. Appeal is disposed of in above terms.
(S. G. DIGE)
JUDGE
Devendra/October-2022
